But Bass ruled the statutes are constitutional because “a rational basis exists for the state's legitimate interest in the protection of students, their well-being and safe school environment, and the victim involved was a minor.”
Slane argued the law should be rewritten by the Oklahoma Legislature to apply only to teachers and other school employees who wield some sort of power, control or influence over a student.
Nash, he said, was not the girl's teacher. The girl was a volunteer helper for the basketball team Nash coached, the attorney said.
The attorney cited a March 29 decision by the Arkansas Supreme Court to overturn a man's conviction on four counts of second-degree assault with a student who was 18, saying both of them had a constitutional right to privacy because they were consenting adults.
Bass, however, said that while that case and Nash's case are similar, the Arkansas case involved a consensual relationship between two consenting adults, not one between an adult and a minor.
Nash, who is free on $50,000 bail, resigned from Western Heights last year. He is awaiting trial.
“He is confident that once his case goes to trial he'll be found not guilty,” Slane said.
Both sides are expected to appeal the judge's ruling to the court of criminal appeals, which could delay Nash's trial indefinitely.
Slane said he expects the judge to set a March trial date in the case.